Michael Magier

Michael focuses his practice on chancery, commercial and employment law. He regularly appears in the High Court, County Court and Employment Tribunal.

Counsel is known for his calm, direct style of advocacy. Having completed a common law pupillage, he has extensive experience of both witness handling and submission advocacy. Michael is an experienced cross-examiner. Having cross-examined both expert and lay witnesses, he is able to adapt his approach to best suit the needs of his client.

Those instructing praise Counsel’s ability to grasp the legal complexities of a case whilst at the same time delivering clear, unambiguous advice to lay clients.

Real Property

Michael’s practice encompasses most areas of Real Property, including:

• Boundary disputes;
• Easements;
• Covenants;
• Estoppel claims;
• Adverse possession;
• Trusts;
• Issues relating to registration;
• Nuisance, trespass and other torts related to property.

Counsel’s recent instructions include:

• Appearing in contested allocation hearings including a hearing where Michael successfully achieved his client’s objectives notwithstanding the fact that his opponent was King’s Counsel of over 30 years’ call.
• Appearing in and advising on specific disclosure application hearings.
• Advising on and drafting pleadings in complex right of way matters where counsel has gained experience of express grants, implied grants, prescription and rectification.
• Advising on and drafting pleadings in numerous boundary disputes including disputes which also include issues concerning easements.
• Advising on complex and unusual restrictive covenants, including a dispute between landowners concerning their respective livestock and a covenant not to cause a nuisance.
• Advising on and drafting proceedings in commercial litigation involving issues of real property, usually in the context of construction.

Landlord and tenant

Michael accepts instructions in all areas of commercial and residential landlord and tenant law, including:

• Possession proceedings;
• Forfeiture proceedings;
• Issues of surrender;
• Breach of lease claims, including breach of the covenant for quiet enjoyment;
• Nuisance, trespass and torts relating to the landlord and tenant relationship;
• Claims raising issues under the Landlord and Tenant Act 1954;
• Claims under the Housing Act 1988;
• Claims under the Rent Act 1977;
• Disrepair;
• Dilapidations;

Counsel’s recent instructions include:

• Representing the landlord in a trial concerning property damage arising at the end of a tenancy. Counsel successfully ensured that the defendant’s counterclaim for disrepair and harassment were dismissed.
• Successfully representing the landlord in forfeiture proceedings.
• Representing landlords in numerous possession proceedings, including proceedings under the Housing Act 1988 and Rent Act 1977.
• Advising on the issue of who can pursue proceedings against whom and in respect of what in situations where both the tenants and landlords of properties are involved.
• Advising on issues of surrender and frustration of contract in the context of a commercial lease.
• Advising on possession proceedings which gave rise to issues concerning the grounds for possession, the validity of rent increases, disrepair and the allegation that the deposit had not been properly protected.

Contract

Counsel advises on and represents parties in various contractual disputes and has experience of the full spectrum of contract litigation ranging from high value commercial litigation all the way through to Consumer Rights Act 2015 cases.

Recent instructions include:

• Advising on and drafting particulars in a claim for damages or unjust enrichment in relation to a stolen car being sold to the claimant and then impounded by the police.
• Advising on and drafting particulars in numerous consumer construction contracts relating to the development of residential premises.
• Advising on and drafting particulars in relation to numerous commercial construction matters, including matters to which JCT contracts apply.
• Responding to an application for specific disclosure in relation to a construction matter involving issues under the Party Wall Act 1996.
• Acting in allocation hearings.

Insolvency

Counsel is steadily building experience in insolvency proceedings, in particular matters related to personal insolvency and bankruptcy. Michael has particular experience of applications to set aside statutory demands and bankruptcy petitions.

Michael’s recent instructions include a case where he successfully obtained a bankruptcy order notwithstanding the fact that the Tomlin Order that gave rise to the underlying debt was being challenged in separate proceedings.

Employment

Michael’s thorough approach to preparation and understanding of the law has seen him sought after in employment litigation, where he is regularly instructed in complex multi-day trials despite his relatively junior year of call.

Counsel has experience of the full range of employment law matters including discrimination, whistleblowing and unfair dismissal claims.

Counsel has particular interest in claims at the juncture of employment and civil jurisdictions. Michael has extensive knowledge of both the Employment Tribunal Rules and the Civil Procedure Rules. Michael advises both on substantive merits as well as the appropriate venue of issue. He is comfortable dealing with employment claims in the High Court or County Court where the value of the claim or type of relief sought requires it.

Recent instructions include representing:

• The respondents in an eight-day, multi-witness trial concerning numerous allegations of whistleblowing, automatic unfair dismissal, victimisation, direct discrimination and harassment. The case culminated in a 161-page judgement and garnered attention from the national media. Counsel ensured that all claims were dismissed and gained significant experience of the law going to the substantive issues as well as numerous peripheral issues like specific disclosure, anonymity, reconsiderations and costs.
• The respondent in a five-day discrimination trial in a claim for failure to make reasonable adjustments.
• The respondent in a four-day trial concerning an unfair redundancy dismissal claim.
• The claimant in a three-day pregnancy discrimination trial.
• The respondent in a three day automatic unfair dismissal claim. After the claim was successfully dismissed and the claimant appealed, counsel advised on prospects of appeal.
• The claimant in an unfair redundancy dismissal case.
• The respondent in a constructive unfair dismissal case.

Professional negligence

Counsel’s experience of chancery, commercial and employment litigation enables him to assist in matters concerning professional negligence proceedings related to those areas of law.

Recent instructions include:

• Advising the claimant as regards a claim against her former solicitors arising out of a trial on a boundary dispute that the claimant was unsuccessful in.
• Advising the landlords in relation to a claim against their former estate agents for failing to adequately report and address the damage caused to the property by the tenants.

Alternative dispute resolution

Counsel accepts instructions to represent clients in all forms of ADR. Michael has particular experience of mediation where he is regularly instructed to advise and represent parties. Counsel has been praised for his keen grasp of legal issues, commercial approach and negotiating strategy.

Interests:

Michael is fluent in Polish and has conducted interpreting tasks in a number of legal, diplomatic and commercial settings.

Michael is a keen sailor, having sailed thousands of miles around the coasts of the English Channel. He enjoys all other forms of outdoor activities. Michael spent five years as a leader in Scouting where he supported Cubs and Scouts in pursuing their own interests in the great outdoors.

Qualifications:

2022-2023: Bar Practice Course, University of Law

2022-2023: LLM in Legal Practice, University of Law

2021-2022: Graduate Diploma in Law, University of Law

2018-2021: Politics, Philosophy and Economics, University of Exeter

Scholarships:

Gray’s Inn James Crouch Bar Course Scholarship (2022)

Gray’s Inn Frances Moran GDL Scholarship (2021)